Dram Shop Liability Complaint - Oklahoma

DRAM SHOP LIABILITY COMPLAINT — OKLAHOMA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (Statutory/Common Law)
6. Count II — Negligence
7. Count III — Negligence Per Se
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE DISTRICT COURT IN AND FOR
[____________________] COUNTY
STATE OF OKLAHOMA

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Oklahoma [ZIP CODE].

2. Defendant [ESTABLISHMENT NAME] ("Establishment Defendant") is a [corporation/LLC/partnership] duly organized and existing under the laws of [STATE], doing business in [COUNTY] County, Oklahoma, holding a license issued by the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission, License No. [____________], and operating the establishment known as [BUSINESS NAME] located at [ADDRESS], [CITY], Oklahoma [ZIP CODE].

3. Defendant [INDIVIDUAL OWNER/OPERATOR NAME] ("Owner Defendant") is an individual who, at all relevant times, owned, operated, managed, and/or controlled the Establishment Defendant.

4. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Oklahoma [ZIP CODE].

JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this justiciable civil action under Okla. Const. art. VII, § 7(a). Personal jurisdiction and service must be established separately under 12 O.S. § 2004.

6. Venue is proper in [____________________] County under 12 O.S. § 139 if one or more Defendants resides or resided here when the claim arose or may be summoned here. For an Oklahoma entity, plead any applicable § 134 basis, including where the cause arose; for a foreign corporation or nonresident, evaluate § 137.

FACTUAL ALLEGATIONS

7. At all relevant times, the Establishment Defendant was licensed by the ABLE Commission to sell and serve alcoholic beverages at [BUSINESS NAME], located at [ADDRESS], [CITY], Oklahoma.

8. On or about [DATE], the Intoxicated Defendant entered and/or was present at the Establishment Defendant's premises.

9. The Establishment Defendant, through its agents, servants, or employees, sold, delivered, and/or knowingly furnished alcoholic beverages to the Intoxicated Defendant.

10. At the time of service, the Intoxicated Defendant was visibly intoxicated, as evidenced by the following observable signs:
    - ☐ Slurred speech
    - ☐ Unsteady gait, stumbling, or inability to maintain balance
    - ☐ Bloodshot or glassy eyes
    - ☐ Loud, aggressive, or inappropriate behavior
    - ☐ Difficulty with motor functions
    - ☐ Strong odor of alcohol
    - ☐ Impaired judgment or awareness
    - ☐ Other: [________________________________]

11. Despite the Intoxicated Defendant's visible intoxication, the Establishment Defendant and/or its employees continued to sell, deliver, or furnish alcoholic beverages to the Intoxicated Defendant in violation of 37 O.S. § 537 and/or 37A O.S. § 6-101.

12. On or about [DATE], at approximately [TIME], as a direct and proximate result of the Intoxicated Defendant's intoxication, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and caused a collision at/near ____________________].

13. Plaintiff suffered severe personal injuries, property damage, and other damages as described herein.

COUNT I — DRAM SHOP LIABILITY

(Statutory Violation and Common Law Duty — Brigance v. Velvet Dove Restaurant)

14. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

15. Under Oklahoma law, as established by the Oklahoma Supreme Court in Brigance v. Velvet Dove Restaurant, Inc., 725 P.2d 300 (Okla. 1986), a commercial vendor of alcoholic beverages owes a duty of care to innocent third parties not to sell or serve alcoholic beverages to a person who is visibly intoxicated.

16. Title 37, Section 537 of the Oklahoma Statutes prohibits selling, delivering, or knowingly furnishing alcoholic beverages to an intoxicated person, and this statutory prohibition establishes the standard of care owed by commercial vendors.

17. The Establishment Defendant breached this duty by continuing to serve the Intoxicated Defendant when the Intoxicated Defendant was visibly intoxicated.

18. The Establishment Defendant's breach of duty was a proximate cause of the Intoxicated Defendant's continued and increased intoxication, which was in turn a proximate cause of the injuries suffered by Plaintiff.

COUNT II — NEGLIGENCE

19. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

20. The Establishment Defendant owed a duty of care to the Plaintiff and other members of the public not to serve alcoholic beverages to visibly intoxicated persons or minors.

21. The Establishment Defendant breached this duty by:
    a. Failing to adequately train employees to recognize signs of visible intoxication;
    b. Failing to implement or enforce policies to prevent overservice of alcohol;
    c. Continuing to serve the Intoxicated Defendant when the Intoxicated Defendant was visibly intoxicated;
    d. Failing to take reasonable steps to prevent the Intoxicated Defendant from operating a motor vehicle or otherwise endangering the public.

22. The Establishment Defendant's negligence was a proximate cause of Plaintiff's injuries.

COUNT III — NEGLIGENCE PER SE

23. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

24. The Establishment Defendant violated 37 O.S. § 537 by selling, delivering, or knowingly furnishing alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was visibly intoxicated [or was under twenty-one years of age].

25. The statute was enacted to protect members of the public, including Plaintiff, from the foreseeable harm caused by intoxicated persons.

26. The harm suffered by Plaintiff is the type of harm the statute was designed to prevent.

27. The Establishment Defendant's statutory violation constitutes negligence per se and was a proximate cause of Plaintiff's injuries.

DAMAGES

28. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered:

a. Past and future medical expenses in the amount of $[____________];
b. Past and future lost wages and earning capacity in the amount of $[____________];
c. Pain and suffering, both past and future;
d. Emotional distress and mental anguish;
e. Loss of enjoyment of life;
f. Loss of consortium [if applicable];
g. Property damage in the amount of $[____________];
h. Punitive damages for the Establishment Defendant's reckless, willful, or wanton conduct;
i. [If applicable] Wrongful death damages pursuant to 12 O.S. § 1053;
j. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, jointly and severally:

a. Compensatory damages in an amount to be determined at trial;
b. Punitive damages in an amount sufficient to punish and deter;
c. Pre-judgment and post-judgment interest as allowed by law;
d. Costs of suit;
e. Attorney's fees as permitted by law;
f. Such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF OKLAHOMA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state that I have read the foregoing Petition and that the statements of fact therein are true to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], OBA No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Oklahoma [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Oklahoma Dram Shop Law — Key Provisions

Statutory/Case Law Foundation: Oklahoma dram shop liability is rooted in the Oklahoma Supreme Court's landmark decision in Brigance v. Velvet Dove Restaurant, Inc., 725 P.2d 300 (Okla. 1986), which held that commercial vendors of alcohol owe a duty of care to third parties injured by intoxicated patrons.

Statutory Prohibitions:

• 37 O.S. § 537 — Prohibits selling, delivering, or knowingly furnishing alcoholic beverages to intoxicated persons, minors, or mentally incapacitated persons.
• 37A O.S. § 6-101 — Additional provisions regarding service of alcohol.

Scope of Liability: Applies to both on-premises consumption (bars, restaurants) and off-premises retail sales of alcohol.

Criminal Penalties:

• Serving a visibly intoxicated person: Up to $500 fine, 1 year imprisonment, or both.
• Serving a minor who causes harm: Felony charges — up to 5 years imprisonment, $5,000 fine.

Social Host Liability: Oklahoma courts have generally limited dram shop liability to commercial vendors. Social host liability remains unsettled.

Comparative Fault: Oklahoma follows a modified comparative negligence system (51% bar) under 23 O.S. § 13.

Statute of Limitations: Two years from the date of injury under 12 O.S. § 95.

Punitive Damages: Available upon proof of reckless, willful, or wanton conduct by the alcohol provider.

Key Case Law:

• Brigance v. Velvet Dove Restaurant, Inc., 725 P.2d 300 (Okla. 1986) — Established commercial vendor dram shop liability.
• Ohio Casualty Ins. Co. v. Todd, 813 P.2d 508 (Okla. 1991) — Clarified scope of dram shop duty.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Laws change frequently. Always verify citations and consult with a licensed Oklahoma attorney before filing.